---
kind: "section"
citation: "40 C.F.R. § 264.228"
title: "40"
number: "264.228"
heading: "Closure and post-closure care."
url: "https://uscodex.org/cfr/40/264.228"
---

# §264.228. Closure and post-closure care.

- (a) **At closure, the owner or operator must—**
  - (1) Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless [§ 261.3(d)](/cfr/40/261.3.md?p=d) of this chapter applies; or
  - (2)
    - (i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
    - (ii) Stabilize remaining wastes to a bearing capacity sufficient to support final cover; and
    - (iii) **Cover the surface impoundment with a final cover designed and constructed to—**
      - (A) Provide long-term minimization of the migration of liquids through the closed impoundment;
      - (B) Function with minimum maintenance;
      - (C) Promote drainage and minimize erosion or abrasion of the final cover;
      - (D) Accommodate settling and subsidence so that the cover's integrity is maintained; and
      - (E) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
- (b) If some waste residues or contaminated materials are left in place at final closure, the owner or operator must comply with all post-closure requirements contained in [§§ 264.117 through 264.120](/cfr/40/264.117..264.120.md), including maintenance and monitoring throughout the post- closure care period (specified in the permit under [§ 264.117](/cfr/40/264.117.md)). The owner or operator must:
  - (1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
  - (2) Maintain and monitor the leak detection system in accordance with §§ [264.221(c)(2)(iv)](/cfr/40/264.221.md?p=c-2-iv) and [(3)](/cfr/40/264.221.md?p=c-2-3) and [264.226(d)](/cfr/40/264.226.md?p=d), and comply with all other applicable leak detection system requirements of this part;
  - (3) Maintain and monitor the ground-water monitoring system and comply with all other applicable requirements of subpart F of this part; and
  - (4) **Prevent run-on and run-off from eroding or otherwise damaging the final cover.**
- (c)
  - (1) If an owner or operator plans to close a surface impoundment in accordance with [paragraph (a)(1)](#a-1) of this section, and the impoundment does not comply with the liner requirements of [§ 264.221(a)](/cfr/40/264.221.md?p=a) and is not exempt from them in accordance with [§ 264.221(b)](/cfr/40/264.221.md?p=b), then:
    - (i) The closure plan for the impoundment under [§ 264.112](/cfr/40/264.112.md) must include both a plan for complying with [paragraph (a)(1)](#a-1) of this section and a contingent plan for complying with [paragraph (a)(2)](#a-2) of this section in case not all contaminated subsoils can be practicably removed at closure; and
    - (ii) The owner or operator must prepare a contingent post-closure plan under [§ 264.118](/cfr/40/264.118.md) for complying with [paragraph (b)](#b) of this section in case not all contaminated subsoils can be practicably removed at closure.
  - (2) The cost estimates calculated under §§ [264.142](/cfr/40/264.142.md) and [264.144](/cfr/40/264.144.md) for closure and post-closure care of an impoundment subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under [paragraph (a)(1)](#a-1) of this section.

## Notes

### Amendments

[47 FR 32357, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, 1992]

### Source

Source: 47 FR 32357, July 26, 1982, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6939g.

### Source

Source: 45 FR 33221, May 19, 1980, unless otherwise noted.

### Amendments

[47 FR 32357, July 26, 1982, as amended at 50 FR 28748, July 15, 1985; 57 FR 3488, Jan. 29, 1992]